Svetlana Lazareva v. The Regional Municipality of York Region, Janet Vandenberg and Pat Richards, 2012 HRTO 992

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Svetlana Lazareva

Applicant

-and-

The Regional Municipality of York Region,

Janet Vandenberg and Pat Richards

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Decision Date: May 16, 2012

Citation: 2012 HRTO 992

Indexed as: Lazareva v. York Region (Regional Municipality)

WRITTEN SUBMISSIONS

The Regional Municipality of York Region, Janet Vandenberg and Pat Richards,

Respondents

Wesley Booker, Counsel

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the respondents’ request for an adjournment of the hearing scheduled for May 17, and 18, 2012.

2The respondents’’ request for an adjournment is made in a letter dated May 16, 2012 and sent by email. The letter states that the reason for the adjournment request is that the wife of the respondents’ counsel has just delivered a child.

3Counsel for the respondent indicates that a colleague is available to participate on May 17 in a Tribunal-led mediation which the respondents are willing to participate in. The letter indicates that this colleague is not in a position to otherwise argue or represent the respondents in a hearing on the merits. The Tribunal has notreceived a response to this request from the applicant.

DECISION

4The Tribunal’s Confirmation of Hearing Notice states that requests for adjournments will be dealt with according to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments. This Practice Direction provides that requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing and that the parties need to confer and provide the Tribunal with alternative dates if a rescheduling is being requested. The Practice Direction also states that The Tribunal discourages requests for adjournments outside this 14 day period noting that later requests for adjournment, particularly ones at the last minute, are a significant impediment to fair and timely access to justice. Consequently, the Tribunal will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative. Absent exceptional circumstances, the Tribunal will not grant adjournments, even when all parties consent.

5The respondent’s request for an adjournment is allowed. I am prepared to accept that the birth of the respondents’ counsel’s child constitutes an exceptional circumstance.

6I am of the further view that the parties and/or their representatives should appear on May 17 to determine whether there is an opportunity to settle this matter. It is the Tribunal’s general practice to offer mediation to parties at the outset of a scheduled hearing. Under the circumstances I see no reason not to use the scheduled hearing time on May 17 to explore settlement discussions that I would facilitate. If mediation is unsuccessful (or parties do not wish to participate in mediation) the hearing will be rescheduled.